ICESCR AND THE OP-ICESCR. Daniela Ikawa, ESCR-Net. RIGHTS For more information on content, look at the CESCR’s General Comments Right to self-determination Right to work Right to just and favorable conditions of work Right to form and join trade unions
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Daniela Ikawa, ESCR-Net
GENERAL STATE OBLIGTIONS
General Comments n. 3/20
States Parties must also avoid discrimination in access to these basic rights, take progressive steps towards the full realization of ESCR to the maximum of their available resources, prioritize minimum core obligations and ensure that no unjustified retrogressive measures are taken.
NON-DISCRIMINATION (IMMEDIATE OBLIGATION) : GC n. 20
The ICESCR requires that ESCR are available to all people without discrimination regardless of the individual’s race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth or other status. “Other status” includes age, disability, nationality (including refugee status, migrant workers and stateless persons), marital and family status, sexual orientation and gender identity, health status, place of residence and economic and social situation.
Deliberate and concrete steps (national plan, resource allocation, mapping of situation)
States Parties must ensure that no deliberate retrogressive measures are taken by, for example, cutting essential rights- realizing programmes.
MINIMAL CORE (IMMEDIATE)
The “minimum core content” of a right consists of the baseline level to which a State Party must give priority for all persons and indicates a minimum standard below which a State is presumed to be failing to comply with the ICESCR.